H&K seeks arbitration in breach of contract suit
By Jared Morgan
An Army soldier aims the XM25 Counter-Defilade Target Engagement System, a 25mm airburst grenade launcher the military sought to procure. (Photo: Department of Defense)
Heckler & Koch asked a Minnesota court last month to dismiss a complaint filed against it claiming the gunmaker violated the terms of a multi-million dollar supply agreement with aerospace and defense contractor Orbital ATK.
Germany-based H&K was subcontracted to supply ATK prototype weaponry to fulfill obligations held with the U.S. Army, specifically for a shoulder-fired 25mm airburst grenade system dubbed “the Punisher.”
According to the complaint, filed in January, ATK claimed H&K prematurely pulled out of the $35 million agreement to supply the “XM25 Counter-Defilade Target Engagement System,” which can read the distance between the operator and an enemy in a fortified position, Guns.com previously reported.
“H&K obtained a legal opinion from a German lawyer positing that the XM25, as designed, could theoretically be used in a manner that violated international laws of war,” the complaint reads.
In justification of breaking from the contract, the German gunmaker used the St. Petersburg Declaration of 1868, a treaty banning the use of certain projectiles against people. The provision bears resemblance to the principals held in the 1973 Geneva Conventions, which cite the